§ 151.26  APPEALS TO BOARD OF APPEALS.
   (A)   Requests for variance from or for extension of time as to regulations of the UCC shall initially be submitted to the Building Code or Construction Code Official retained by the city, who shall make a determination with due regard for requirements and objectives of the UCC.
   (B)   An owner or agent of the owner may appeal from the decision of the Building Code or Construction Code Official on a request for variance or request for extension of time or other matter subject to the UCC by filing a petition with the Building Code Official or that Official’s designee on a form as adopted by the city.
   (C)   The postmark date or date of personal service shall establish the filing date of the appeal and request for variance or extension of time.
   (D)   An appeal or request for variance or extension of time to the Board of Appeals shall automatically suspend an action to enforce an order to correct until the matter is resolved; provided, that such appeal shall not constitute any basis for the appellant’s continuation of unlawful construction or any excuse therefor.
   (E)   An action pertaining to an unsafe building, structure or equipment or any other matter subject to the Building Code Official’s authority at 34 Pa. Code §§ 403.81 through 403.84 shall not be stayed by virtue of an appeal.
   (F)   The Board of Appeals shall decide an appeal or request for variance or for extension of time by reviewing documents and written brief or argument, unless the owner requests a hearing. In the event an owner requests a hearing, the owner shall with such request pay all additional fees therefor as are imposed by resolution of City Council.
(Ord. 1450, passed 6-21-2004)